Madhya Pradesh High Court
Vijay Bahadur Awasthi vs The State Of Madhya Pradesh on 12 November, 2014
Cr.R.No.2265 of 2014
1
12 / 1 1 / 2 0 1 4
Shri Rajkamal Chaturvedi, Advocate for the applicant.
Shri Ashok Kumar Chourasiya, Panel Lawyer for the
respondent /State.
Heard on admission.
The revision seems to be arguable, hence admitted for final hearing.
Record of the courts below be called for. As learned Panel Lawyer accepts notice on behalf of respondent /State, hence, no notice is required to be issued.
Also heard on I.A.No.20788 / 2 0 1 4 , an application for suspension of jail sentence and grant of bail.
The applicant has been convicted under Section 325 of IPC and sentenced to suffer rigorous imprisonment for one year with fine of Rs.2000/ - , with default stipulation.
Learned counsel for the applicants submits that the applicant has been falsely implicated in the matter. It is further submitted that the applicant was on bail during trial and he had never misused the liberty granted to him. Looking to the injuries sustained by the complainant, no offence under Section 325 of IPC may be made out against the applicant. The applicant is in jail since 13.10.2014. There is no likelihood of coming up of this revision for final hearing in near future, hence, the sentence of the applicant be suspended and he be released on bail.
Learned Panel Lawyer for the State opposed the prayer for bail.
On due consideration of the facts and circumstances of the case and the nature of allegation, but without Cr.R.No.2265 of 2014 2 expressing any opinion on the merits of the case, the application is allowed. Execution of jail sentence of applicant Vijay Bahadur Awasthi is suspended till pendency of this revision. He is directed to be enlarged on bail on furnishing a personal bond in the sum of Rs.25,000 / - (Rupees Twenty Five Thousand Only) and a surety bond in the like amount to the satisfaction of trial Court for his appearance before the Registry of this Court firstly on 04/06 / 2015 and on such other dates, which will not be less than the period of eight months, as may be fixed in this regard.
It is hereby clarified that sentence of fine amount is not suspended.
C.C as per rules.
(SUBHASH KAKADE) JUDGE SJ/-